1. INTERPRETATION AND VARIATION
1.1 In the Terms and Conditions the following definitions apply: ”Company” means The Tone Room Limited. ”Member means any person that has completed and submitted the on-line registration form (the “Registration Form”) at The Tone Room Limited website, www.thetoneroom.co.uk and which registration has been accepted by the Company. ”Studio” means the studio at The Tone Room, 47 Mill Lane, London, NW6 1NB ”Terms and Conditions” means these terms and conditions.
1.2 References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
1.3 The Terms and Conditions are incorporated into the Registration Form.
1.4 The Company reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. Any such changes will be notified to Members and, until revoked, are and will be binding on Members.
1.5 The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2.1 Subject to these terms and conditions, when a person has completed the Registration Form he will become a Member of the Studio.
2.2 Acceptance of a person as a Member is in the absolute discretion of the Company.
2.3 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company’s reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended.
2.4 If a Member brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions.
2.5 Members must be 16 or over.
3. STUDIO OPENING TIMES
Details of session times at The Tone Room may vary from time to time. Session times will be published by The Tone Room and will be available either at the Studio or www.thetoneroom.co.uk
4. PAYMENT TERMS
4.1 Details of session prices and gift certificate prices are available either at www.thetoneroom.co.uk or directly from the Studio and will be such prices as determined by the Company from time to time.
4.2 A Member may not attend any session at the Studio without first booking and paying for the relevant session either on-line or at the studio.
4.3 Payments for sessions in any amount are non-refundable unless otherwise stated in the Terms and Conditions.
4.4 Clients must keep an active credit or debit card on file so that any late cancellation and no show fees can be recouped in line with cancellation policy.
5. BOOKINGS AND CANCELLATIONS
5.1 A Member may only book or reschedule sessions for themselves via their personal Studio booking facility at www.thetoneroom.co.uk and GLOFOX APP.
5.2 Cancellation Policy: Late cancels lose the price of a class if paying per class or are charged an £20 late cancellation fee (monthly membership).
Classes: Reservations for classes can be cancelled on-line with no charge up to 12 hours prior to the beginning of class. Failure to do so will result in credits being lost (packs)
Private Sessions: Reservations for Private Sessions can be cancelled on-line with no charge up to 24 hours prior to the beginning of session.
5.3 Sessions are booked on a first-come first-served basis. If you are added to class from a wait list, you need to confirm your reservation 3 hours prior to the start of class. How the wait list works is listed below. Each time you are added to a class from the wait list you will receive an automatic Wait list Notification email. Once you receive the notification, just log into your schedule to confirm online at www.thetoneroom.co.uk. Once a class is confirmed you will be held to the cancellation policy for that class.
5.4 Private Sessions have expiry’s from date of purchase. 1 PT session - 4 weeks, 5 PT - 8 weeks , 10 PT - 12 weeks.
5.5 Bookings also made through the App have the same cancellation policy notified in all of section 5 of the terms and condition.
5.6 You are asked to arrive at the Studio five (5) minutes prior to any fitness, treatment or induction appointments. We reserve the right to refuse to re-book an appointment for you if you repeatedly cancel (with less than 24 hours notice) or fail to keep an appointment for services or treatments. Failure to keep a booked appointment may lead to that time slot given away to other members.
5.7 Refunds are at the sole discretion of The Tone Room LTD and will only be granted in exceptional circumstances.
5.8 No refunds are available on completed sessions. If a refund is requested on a block purchase, the Consumer will be charged the cost of an individual session or class for each completed session, and refunded any outstanding balance.
5.9 Class packs valid from date of purchase for the time period given on the Pricing page. First Class (Intro) and Promo valid for 7 days and 14 days respectively, singles 30 days, 10 pack for 3 months, 20 pack for 6 months, Unlimited monthly has a minimum 3 months sign on period, 50 pack valid for 1 year
5.10 Class Packs or private sessions must be used within a certain period. Any Class Packs or private sessions not used within the relevant period will expire and will not be available for use. Details of expiry periods for different Class Packs and bundles of Class Packs are set out on our Website in the Pricing sections. No refunds and no extensions will be given for any expired Class Packs or private sessions.
5,11 Places in any Fitness Class are allocated on a first-come-first-served basis and are subject to availability. We cannot guarantee places will be available in any particular Fitness Class, nor can we reserve a place for you in any Fitness Class unless and until booked by you.
5.12 The Company reserves the right to cancel classes and private sessions to suit the needs of the business. Any such cancelled sessions if booked will have their class or private session token reinstated and free to use until the pack expires or sessions have run out.
5.13 Once Private sessions have been used up or have expired, renewal is at sole discretion with the studio, dependent on availability. The studio will not book sessions, or hold sessions for a member or potential member for more than 4 weeks.
5.14 Private sessions are only 1-2-1 during the duration of the session and cannot be shared although the packs can.
6. FITNESS AND HEALTH
6.1 By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at the Studio.
6.2 It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any).
6.3 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and wellbeing. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult his/her doctor.
6.4 The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities.
6.5 Members are required to follow the instructions of the instructor at all times.
7. LIMITATION OF LIABILITY
7.1 The information available on or through this Site, and the Services supplied via or in connection with this Site or at the The Tone Room ltd studio do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such contents and services are suitable for you. It is not our responsibility to do so. Before commencing any exercise regime, you should consult your doctor. It is also vital that you supply us with correct information about yourself. We cannot be liable for any incorrect information supplied by you to us. We try to make sure that all information contained on this website (and provided by us to you as part of any Services or Products) is correct, but, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you (your legal representatives, heirs) may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this web site or provided through any Service supplied by us to you. You, your legal representatives and your heirs release waive, discharge and covenant, not to sue The Tone Room ltd and its instructors for any injury or death caused by their negligence or other acts. Any client questions or complaints please email firstname.lastname@example.org
7.2 The Company cannot be held responsible for any particular session, instructor and/or item of equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities (e.g. bathrooms), provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
7.3 It is the Member’s responsibility to ensure that he is capable of undergoing a routine of exercises provided by any programme which he follows or class which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional.
7.4 The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.
7.5 In consideration of their participation in the activities and programmes of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries or damages resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities save in respect of death or personal injury caused by the negligent act or omission of the Company.
8. USE OF FACILITIES
8.1 A Member is entitled to use the Studio’s facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company.
8.2 Children under the age of 16 may not only use the Studio and attend classes unless prior arranged and agreed with The Tone Room Management.
8.3 Members are required to use the studio only once a session is booked online or in person. All other times the studio reserves the right to not allow members on the premises.
9. PERSONAL BELONGINGS
Personal belongings are brought onto the Studio premises at the Member’s own risk and the Company does not accept liability for any loss or damage whatsoever to such items.
Members are requested to wear a form of dress appropriate to the practice of fitness activities and The Tone Room Limited, Members must wear gym clothing and sports trainers. Training shoes must be clean, members with soiled shoes will be denied access to the studio and unable to participate in that session. Members are recommenced if new to using a pull frame to wear weight training gloves which can assist with grip on the bar. This also includes dumbbells and other weighted equipment from time to time.
11. SAFETY & HYGIENE
11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the basement or studio room. Only closed containers of water are permitted in the Studio rooms. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds.
11.2, Members must not walk around the Studio barefoot.
11.3 Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit.
11.4 Smoking is forbidden in the Studio, basement and entrance.
11.5 Belonginngs must be kept in the basement to not disturb the sessions.
12.1 Members are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within ten days of mailing to the last address notified to the Company.
12.2 The Company reserves the right to refuse admission to the Studio.
12.3 The Company may assign the benefit of the Registration Process and a Member’s membership to a third party at any time without notice to the Member.
12.4 A person who is not a party to the Registration Process has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Process.
12.5 The Company may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The Member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email.
12.6 Members must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members.
12.7 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company’s copyright. Classe may be physically strenuous and Members voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. Members agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against the Companyv or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.
“The Tone room” is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
“The Tone Room” may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 31st October 2017.
12.8 Members are asked to arrive 10 minutes prior to their booked class starting. Studio doors will lock strictly upon class time starting as advertised. Late comers will be denied entry due to disturbance of other members and health and safety reasons.
WHAT WE COLLECT
We may collect the following information:
· name and job title
· contact information including email address
· demographic information such as postcode, preferences and interests
· other information relevant to customer surveys and/or offers
WHAT WE DO WITH THE INFORMATION WE GATHER
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
· Internal record keeping.
· We may use the information to improve our products and services.
· We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
· From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
· We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Cookies help us identify your device, performance of typical actions on this website or when you are logged in to specific secure zones. We use strictly necessary and functional cookies to enable you to move around the site and to provide basic features. Tracking and performance cookies are used to provide a better overall user experience.
1. Strictly necessary cookies
Some cookies are strictly necessary in enabling you to move around this website and use its most basic features. Without these cookies, for example, you would not be able to login to secure zones or keep track of your online shopping cart.
These cookies can’t be disabled.
2. Tracking and other optional cookies
We use performance and tracking cookies internally to enable us to provide you with a better user experience. Information supplied by these cookies helps us understand how our visitors behave on this website, track unique visitors or time spent on the site, and on different web pages so that we can improve how we present content to you.
Enable Cookies: Yes
LINKS TO OTHER WEBSITES
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways:
· whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
· if you have previously agreed to us using your personal information for direct markteting purposes, you may change your mind at any time by writing to or emailing us at email@example.com
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to 47 Mill Lane, London, NW6 1NB
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
Data Protection THE TONE ROOM Ltd Privacy Notice
We will disclose your personal data to our service providers, including Glofox, which supplies our cloud business management platform and booking apps. Glofox is also subject to certain obligations with regard to the security of your personal data processed via the booking app.
However, your rights, as set out in this privacy statement in relation to your personal data processed through the Glofox Platform are owed to you by us, and you should contact us at firstname.lastname@example.org if you have any queries in relation to the use of your personal data through Glofox.